BHOLA NATH CHOWDHURI Vs. HARIMANI DASI

JUDGEMENT

(1.) This is a suit by reversioners. It relates to two sets of properties which originally belonged to one Krishnahari Roy. He died leaving a widow named Jadumoni. The plaintiffs are the representatives of the reversioners. Jadumoni died in 1319 B. S. Schedule (kha) related to five plots of land. The plaintiffs claim as regards plots Nos. 3 and 4 was given up by them and plots Nos. 1, 2 and 5 are to be dealt with.

(2.) These plots Nos. 1, 2 and 5 were sold at Court sale. It appears from the written statement that plots Nos. 1 and 2 were purchased by Rameswar in the name of his brother in-law Nityananda and plot No. 5 was purchased by the Burdwan Raj at an auction sale on the 21st Baisak 1264. The Maharaja sold that plot to Rameswar on the 18th Chait 1282. Rameswar made a gift of it to his daughter defendant No. 1 on 10th Kartick 1284 and she is in present possession thereof. Both the Courts below have treated the plaintiffs claim in respect of these plots as barred by limitation. They held that the present law of limitation is not applicable, but the sale having taken place before 1871, the plaintiffs are barred as 12 years had elapsed from the date of sale.

(3.) The appellants contend that their cause of action was not upon the sale, but upon the death of the widow and they refer to Exhibit D, which relates to plot No. 5 as showing that what was sold was the right, title and interest of the judgment debtor, namely of Jadumoni. The learned District Judge has held that there is nothing to show that it was the widow s estate that was sold, and inasmuch as the sale took place 60 years ago, the plaintiffs are barred. The only document of title which has been produced is Exhibit D, which shows that the widow s right, title and interest only was sold and nothing more No doubt it was held in Jugul Kishore v. Jotendro Mohun Tagore 10 C. 985; 11 [. A. 66; 8 Ind. Jur. 455; 4 Sar. P. C. J. 553; 5 Ind Dec. (n. s.) 657 (P. 0.). that it was necessary to look into the decree and the nature of the suit to ascertain what was really sold in execution of the decree. These documents are not forthcoming now. But it is clearly upon the person asserting an absolute estate. having purchased (he right, title and interest of a Hindu widow as shown by the sale certificate to show that something more has passed to him.